Warranty & terms

Warranty & terms

WARRANTY

We offer a 10 year warranty on the frame and fork. This warranty does not cover wear parts, improper assembly or follow-up maintenance, paintwork, improper installation of parts or accessories. The warranty does not apply to damage or failure due to accident, misuse, abuse, neglect, or modification of the frame or components. VELLO™ BIKE is not responsible for incidental or consequential damages.

If the damage is outside of the above-described warranty, we will be glad to assist you and provide you with the replacement part at market price.

This warranty does not affect the statutory rights of the consumer.


TERMS

1. Definitions

1.1 In these general terms and conditions (“Terms”), the following definitions shall apply:


  • Valentin Vodev, with registered office in Vienna, Austria, and who owns the trademark VELLO bike;
  • 
Client: all natural or legal persons with whom VELLO bike enters into an Agreement or with whom VELLO bike is negotiating about the conclusion of an Agreement;

  • Agreement: any and every agreement entered into between VELLO bike and a Client, any amendment thereto and any actions or legal transactions connected with the execution of that Agreement and, seen in retrospect, any and all actions and legal transactions necessary for entering into that Agreement;

  • Products: any and all goods which are the subject of an Agreement;

  • Order: any order issued by a Client to VELLO bike in any form whatsoever.


2. Applicability

2.1 The present Terms shall comprise a part of all Agreements and shall be applicable to all VELLO bike’s and Client’s actions and legal transactions. Unless the nature or specific contents of any stipulation in the present Terms should oppose this, the provisions of the Terms shall also be applicable to Agreements under the terms of which VELLO bike does not act in its capacity of seller.


2.2 This legal notice applies to the entire content of the website under the domain name vello.bike, vello.at, vello.ch, vello.cc, vellobike.com, vellobike.de, vellobike.co.uk and to any correspondence by e-mail between Us and you. This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (Terms) on which we provide Vello bikes (Product(s)).


2.3 Applicability of any general terms and conditions applied by the Client is explicitly dismissed by VELLO bike.


2.4 In so far as the nature of provided services and products allows, these Terms apply to all services and products provided by VELLO bike to the Client.


3. Quotations, Agreements, Product descriptions and definitions

3.1 A quotation or (price) offer shall not be binding on VELLO bike and shall qualify only as an invitation to the Client to place an Order. After the Client places an Order, the Client will receive an e-mail from VELLO bike acknowledging the receipt of the Order. However, it does not mean that the Order has been accepted. VELLO bike’s acceptance of Client’s order will take place as described in clause 3.3. 


3.2 After acceptance of an Order, VELLO bike shall at all times be entitled to cancel such Order.

3.3 An Agreement shall only be concluded to the extent VELLO bike accepts an Order from the Client in writing through a Confirmation Email. The Agreement is formed between the Client and VELLO bike when VELLO bike sends the Client a Confirmation Email.


3.4 VELLO bike shall observe due care in informing the Client of the figures, measurements, weights, features other information applicable to the Products, but cannot warrant that these shall be free of deviations. The images on the Website are for illustrative purposes only. Any specifications or samples demonstrated or made available shall be no more than indications of the Products concerned. If the Client should be able to demonstrate that the Products supplied by VELLO bike deviate from the information provided by VELLO bike or from the samples or specifications in such a way that the Client can no longer be obliged to comply with the order concerned, the Client shall have the right to dissolve the Agreement, to the extent however that such a dissolution should be necessary in reason and without VELLO bike being liable for damages.


4. Amendments

4.1 Amendments of any provision in any Agreement or in the Terms may only be agreed by written consent of both parties.


4.2 If an amendment or adjustment as referred to in the previous article is agreed, such amendment or adjustment shall only apply to the Agreement concerned, unless expressly stated otherwise.


5. Prices and payment

5.1 The Price of the Product(s) are stated on the website.

5.2 VELLO bike will not charge Client’s debit card or credit card until VELLO bike dispatches the Confirmation Email.


5.3 All credit and card holders are subject to validation checks and authorization by the card issuer. If the issuer of the payment card refuses to authorize payment to VELLO bike, then VELLO bike will not be liable for any delay or non-delivery.


5.4 Without limiting any other right or remedy that VELLO bike has, if Client fails to make a payment in full on the due date as provided under clause 5.1 in this Agreement, interest shall accrue on the unpaid balance of that amount at the annual rate of 3% above the base rate of equivalent to the statutory commercial interest rate, for the time being. Reminders or overviews of outstanding invoices expressed in principals which have been sent to Client in the meantime, shall under no circumstances imply any forfeiture of rights regarding interest charge for late payment or expenses.


5.5 All VELLO bike prices are in Euro unless expressly stated otherwise. Insofar as prices are stated in other currency than Euro, than such statement of price is deemed to be based on the Euro equivalent of such price at the date that the price statement was made. Prices include VAT (where applicable) at the applicable current rate chargeable in Austria. Costs of packing and dispatch, import and export duties and taxes and any other surcharges, levies or taxes imposed or charged in respect of the Products and the transportation thereof shall be for the Client’s account.


5.6 Any change of factors having an impact on the prices of VELLO bike 
including but not limited to rates of third parties, currency exchange rates, insurance rates, freight charges and other charges, levies or taxes, may be charged on to Client by VELLO bike.


5.7 All payments shall be made by the Client into a bank account to be designated by VELLO bike without any discount, deduction, suspension or setoff.


5.8 If even after the lapse of a payment term further stated by registered mail, fax or e-mail, the Client has not paid the payable amount and interest, Client is bound to compensate VELLO bike for all expenses in and out of court. Expenses out of court may at all times be fixed by VELLO bike at 15% of the invoice amount with a minimum of 250 Euro exclusive of VAT, without prejudice to the right of VELLO bike to claim the real expenses instead.


5.9 Invoices sent by VELLO bike shall not be binding in the sense that, if by mistake invoices mention incorrect amounts, VELLO bike shall be entitled to forward correction invoices.


5.10 Regardless of any statement expressing otherwise, payments by Client are deemed to have been settled on debts in the following order: interest, (extra-judicial) collection charges, principals payable (the older ones before newer ones).


6. Delivery period

6.1 The delivery period indicated by VELLO bike shall be based on the circumstances applicable to VELLO bike at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to VELLO bike.


6.2 The delivery period shall commence on the date of VELLO bike’s written Order confirmation, unless there is an Event Outside VELLO bike’s Control (as defined in clause 12). If, in order to execute the Order, VELLO bike requires information from the Client, the delivery period shall commence on the date on which VELLO bike disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation.


6.3 The Client shall not be entitled to claim any compensation in the event of an overdue delivery period. Neither shall the Client be entitled to dissolve the Agreement in such an event, unless the Client proves that it cannot in reason be required to comply with the relevant part of the Agreement. In such case, the Client shall be entitled to dissolve the Agreement, provided it has informed VELLO bike thereof in writing and without prejudice to VELLO bike’s right to supply the Products concerned and to require payment thereof within three weeks of the receipt of such a notification.


6.4 VELLO bike shall at all times be entitled to deliver in part- consignments.


7. Delivery and risk

7.1 If and to the extent that parties have not explicitly agreed in writing on the (costs of) delivery of the Products, the delivery shall be made at VELLO bike‘s premises, and the risk of the Products and the packing thereof shall in all cases be transferred to the Client at the moment the Products are ready for dispatch, while the dispatch shall be effected for the Client’s account and risk.


7.2 The Client has the right to cancel the Contract during the period of seven working days beginning on the date on which a Client received the Confirmation Email. To cancel a Contract in accordance with clause 7.2 Client must notify VELLO bike in writing.


7.3 The Client’s right to cancel under clause 7.2 does not apply in the case of any Products made to Client’s specification or clearly personalized.


7.4 If the Client should fail to collect the Products it has ordered or should fail to do so promptly, it shall be in default without requiring a written notice of default. In such event VELLO bike shall be entitled to store the Products for the Client’s account and risk and to sell these to a third party. The Client shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any. 


7.5 The Client shall not be entitled to return Products to VELLO bike before VELLO bike has agreed in writing to such return. The costs of the return consignment shall be for the Client’s account, and the Products shall remain at risk of the Client after receipt by VELLO bike of such Products.


7.6 Client will receive a full refund on the price paid for the Products after Product has been returned to VELLO bike and Client received confirmation of receipt of the returned product. Client shall incur the delivery charges in returning the Products to VELLO bike unless the Products are faulty. VELLO bike will process the refund to Client as soon as possible and, in any case, within 30 calendar days of the day on which VELLO bike received return Products or the notice of cancellation as described in clause 7.4. If the Client returns the Products to VELLO bike because they were faulty, please see clause 7.7.


7.7 If the Client returns the Products under this clause because they are faulty, VELLO bike will refund the price of the defective Product in full and any applicable delivery charges Client incurs in returning the item to VELLO bike.


7.8 The refund shall be made with the same payment method that Client used to pay VELLO bike.


8. Products and services of third parties

8.1 At all times VELLO bike shall be entitled to engage third parties to fulfill (parts of) an Agreement. If VELLO bike calls in third parties, the terms and conditions that apply to the agreement between such third parties and VELLO bike apply to the Agreement notwithstanding the rights and obligations of VELLO bike and the Client arising from the Agreement, to the extent that in the event that these rights and obligations deviate, the terms and conditions that bind VELLO bike to any third party shall prevail. The terms and conditions that bind VELLO bike towards third parties in cases as described above will be provided by VELLO bike to the Client free of charge at the Client’s first request.


9. Retention of title

9.1 Irrespective of the actual delivery date, the title to the Products shall not be transferred to the Client until it has paid VELLO bike the sum outstanding in respect of the Products in full, including the purchase price, any surcharges, interest, taxes and costs payable pursuant to the Terms or an Agreement and any services rendered or to be rendered in respect of the Products.


9.2 The Client shall not be authorized to rent, let or make the Products available in use to third parties, to pledge them or to otherwise encumber them in favor of third parties until VELLO bike has transferred the title of those Products to the Client.


9.3 If and as long as the title to the Products has not yet been transferred to the Client, the Client shall inform VELLO bike forthwith in writing in the event that the Products are seized, attached, garnished or if any other claim should be made with regard to the Products.


9.4 In the event of attachment, seizure, garnishment, bankruptcy, involuntary liquidation or a (provisional) moratorium of payments, the Client shall immediately inform the administrator or liquidator, the bailiff or the process-server serving the seizure, garnishment or attachment, of VELLO bike’s rights of title.


10. Inspection and complaints

10.1 The Client shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the Client itself or any third party acting at its instructions, whichever is earlier. VELLO bike must be informed in writing of any complaints in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than within 14 days after the receipt of the Products. The Client must notify VELLO bike of defects that could not in reason have been discovered within the abovementioned period in writing immediately after discovery, but in any case no later than within 14 days of the receipt of the Products. Should the Client fail to inform VELLO bike within the abovementioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed, not with standing the applicability of a possible shorter period applied by a carrier or other third party further to article 9.1 above.


10.2 The Client shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation VELLO bike may require in order to investigate the complaint.



11. Other obligations and responsibility of the Client

11.1 The Client shall at all times make any and all information necessary for the execution of VELLO bike’s activities available timely and shall warrant the accuracy and comprehensiveness thereof.


11.2 The Client shall not be entitled to remove or make invisible any 
trademarks or identifying marks on the Products, any documents accompanying and/or regarding the Products.


12. Force majeure

12.1 If VELLO bike is unable to fulfil any of its obligations towards Client due to force majeure, these obligations shall be suspended during the force majeure situation.


12.2 If a force majeure situation has lasted for 1 month, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of VELLO bike, the Client is not entitled to any compensation or damages, not even if VELLO bike would enjoy any benefit as a result of such force majeure.


12.3 Force majeure on the part of VELLO bike means any act or event beyond our reasonable control. Such circumstances include but are not limited to fires, acts of terrorism, strikes and lockouts, failure of public or private telecommunications networks or impossible use of the railways, shipping, aircraft, motor transport or other means of public or private transport, stagnation or other production problems suffered by VELLO bike or its suppliers, or problems in the transportation provided by VELLO bike or any third parties, any government measures, as well as the inability
 to obtain any permit or license from any governmental body. VELLO bike cannot be expected in all fairness to fulfill its , regardless whether such circumstance could have been foreseen at the time when the Agreement was concluded.


12.4 Parties shall notify each other as soon as possible of any (possible) force majeure situation.


13. VELLO bike’s Products

13.1 VELLO bike warrants only those features, qualities of its Products that are explicitly agreed in writing.


13.2 If VELLO bike should deliver Products to the Client which VELLO bike has obtained from its own suppliers, VELLO bike shall at no time be obliged to honor a warranty or liability in respect of the Client which is more far-reaching than that which VELLO bike can claim from its own supplier.


13.3 If, in VELLO bike’s opinion, the Client has been able to prove that any Products supplied by VELLO bike to the Client do not function properly, VELLO bike may choose, at its sole discretion, between:
• re-supplying the Products upon the return of the Products;
• modifying the Products properly;
• to grant the Client a discount on the purchase price to be agreed by mutual consent.
• VELLO bike shall be fully discharged of its warranty obligations by complying with one of the options described above, and it shall not be held to pay any further compensation or damages.


13.4 The Products shall remain completely for the Client’s risk even if VELLO bike should carry out any repairs to the Products.


14.Use of the Website and use of Client’s personal information

14.1 Client’s use of the Website is governed by VELLO bike’s Terms of Website Use and Cookie Policy.


15. Liability

15.1 Any liability of VELLO bike shall at all times be limited to the sum insured that shall be paid in such case under the liability insurance policies taken out by VELLO bike. These insurance policies have limited cover, inter alia with respect to the amount of the damages and the number of insured events per year. Upon request thereto, access may be obtained to the insurance cover note. Should no payment be made by virtue of aforementioned insurance policies, regardless of the grounds, the liability of VELLO bike shall be limited to the fee that was invoiced by VELLO bike and paid by Client in connection with the delivery at hand during a twelve month period directly preceding the date on which the event leading to liability occurred, up to a maximum liability of € 10,000 (ten thousand Euro).


15.2 In the event that VELLO bike involves third parties, VELLO bike shall not accept any liability whatsoever for failure to perform on the part of such third party except for failure to perform on the part of VELLO bike itself – to which article 15.1 applies. If the Client brings legal action directly against a third party, the Client shall indemnify VELLO bike against any claims by such third party in connection with such claim as well as against all expenses to be incurred by VELLO bike.


15.3 All rights of legal action and other powers of the Client towards VELLO bike in connection with the Products delivered by VELLO bike shall lapse upon expiry of a one year term after the date on which the Client has become aware of - or could in all fairness have been aware of - the existence of such rights and powers.


16. Termination

16.1 If Client fails to fulfill any of its obligations arising from the Agreement properly or in time, Client shall be in default and VELLO bike shall be entitled without any default notice:
• to suspend the fulfillment of the Agreement until payment has been adequately guaranteed; and/or
• to dissolve the Agreement with Client entirely or in part;
•all this without prejudice to VELLO bike’s other rights under any Agreement whatsoever and without VELLO bike being held to any damages.


16.2 If VELLO bike exercises its right of dissolution as mentioned in article 16.1, VELLO bike is authorized to set off any amount which may possibly be refunded to Client with a remuneration for activities already carried out as well as with a compensation for loss of profit.


16.3 In the event of bankruptcy, (provisional) suspension of payment, liquidation or attachment of one or more assets of Client or if Client is aware that any of these situations may occur, Client must notify VELLO bike thereof as soon as possible.


16.4 In case of a situation as referred to in article 16.3, all Agreements with Client shall be dissolved by operation of law, unless VELLO bike notifies Client that it wishes (part of) the Agreement concerned to be fulfilled, in which case VELLO bike is entitled without any default notice:
• to suspend fulfillment of the Agreement(s) concerned until payment has been adequately guaranteed; and/or
•to suspend all its payment obligations, if any, towards Client;
• all this without prejudice to VELLO bike’s other rights under any Agreement whatsoever and without VELLO bike being held to any damages.


16.5 In the event of a situation as referred to in article 16.3, all VELLO bike’s claims against Client shall be immediately payable in full.


17. Transfer of rights and obligations

VELLO bike is allowed to transfer to third parties the rights and obligations described in any Agreement with Client. If obligations of VELLO bike are transferred, VELLO bike must inform Client beforehand and Client shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, VELLO bike shall not be liable for any damages. Client cannot transfer to third parties any rights or
 obligations from any Agreement unless after consent thereto by VELLO bike.


18. Comprehensive Agreement

An Agreement, including these Terms, is a comprehensive representation of the rights and obligations of parties and shall replace all prior written and verbal arrangements, statements, expressions or acts by parties.


19. Conversion

If and insofar as any provision of these terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.


20. Applicable law, competent court

20.1 The Terms and the Contract between the Client and VELLO bike are only in English Language.


20.2 The law of Austria shall be applicable to the present Terms and to all
other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded.

20.3 Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Vienna.


21. Amendment of terms

These terms may be amended on the part of VELLO bike by mere notification to Client. In the absence of any protest within 30 days after notification, the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are carried out after the day of notification.